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Regulation concerning the reimbursement of expenses under the Law for the transfer of rights and entitlements of additional and special schemes of the accession territory by the federal government

Original Language Title: Regulation concerning the reimbursement of expenses under the Law for the transfer of rights and entitlements of additional and special schemes of the accession territory by the federal government

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Regulation on the reimbursement of expenses under the Act for the Transfer of Claims and Entitlements from Supplementary And Special Supply Systems of the Accession Area by the Federal Government (AAÜG Reimbursement Ordinance)

Unofficial table of contents

AAÜGInitial V

Date of completion: 29.05.1992

Full quote:

" AAÜG Reimbursement Ordinance of 29 May 1992 (BGBl. 999), as last amended by Article 55 of the Law of 9 December 2004 (BGBl I). P. 3242).

Status: Last amended by Art. 55 G v. 9.12.2004 I 3242

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1992 + + +) 

Unofficial table of contents

Input formula

On the basis of Section 16 (2) of the Claim and Anawaited Act of 25 July 1991 (BGBl. 1606, 1677), the Federal Minister for Labour and Social Affairs, in agreement with the Federal Minister of Finance, is responsible for: Unofficial table of contents

§ 1 reimbursable expenses

(1) expenses within the meaning of section 15 (1) of the claim and the law on the transfer of goods are
1.
pensions from own insurance,
2.
pensions due to death, including surcharges in the case of orphans ' pensions,
3.
Additional services in accordance with § § 106, 106a and 107 of the Sixth Book of the Social Code,
4.
the part of the contribution to health insurance, which is to be borne by the German Pension Insurance in accordance with § 249a of the Fifth Book of the Social Insurance Code,
4a.
the part of the contribution to long-term care insurance, which is to be borne by the Deutsche Rentenversicherung Bund in accordance with § 59 (1) of the Eleventh Book of the Social Code in conjunction with § 249a of the Fifth Book of the Social Code,
5.
Pension amounts from pensions under Article 2 of the Pensions Directive,
6.
(dropped)
7.
Benefits which are protected under Section 307b (4) to (7) of the Sixth Book of the Social Code and § 4 of the Claim and Anwartschaftsübergovernance Act,
8.
Benefits for participation.
(2) expenses within the meaning of § 15 (3) sentence 1 of the Claim and Anwartschaftsüberguidance Act are the payment amounts of benefits in accordance with § § 9 and 11 of this Act. Unofficial table of contents

§ 2 Calculation of reimbursement of pensions and other benefits

(1) The amount of the refund is for pensions determined in accordance with the provisions of the Sixth Book of Social Code, which calculated from personal pay points (East) for periods of membership of a supplementary or special supply system Monthly part of the pension payable on the basis of the claims or entitlements transferred from an additional or special supply system. For periods of membership of an additional pension scheme, pay points (East), which are based on earnings of up to 7,200 Marks per year, shall not be taken into account in the calculation of the amount eligible for reimbursement. Pay points (East) determined in accordance with the overall performance assessment shall be taken into account in the ratio for the calculation of the eligible amount, in which the charges for determining the total performance value (East) are calculated for the purposes of: Times of belonging to an additional or special supply system to all the underlying pay points (East). Additional benefits and the share of the contribution to the health and care insurance contributions, which are to be supported by the German Pension Insurance Association, shall be divided up in the proportion in which the personal pay points determined according to the individual contributions (East) to all personal pay points (East). Surcharges in the case of orphan pensions shall consist of the ratio of reimbursable expenses in which the personal pay points (East) on which they are based are eliminated at the time of belonging to an additional or special supply system. If the monthly amount of the pension is reduced when applying the accounting rules, the amount eligible for reimbursement shall be reduced in the same proportion. (1a) Results in the comparison calculation in accordance with Section 307b (1) in conjunction with Section 3 of the Sixth Book Social Code on a higher pension amount, for the pro rata repayment of this increase amount, is the ratio in which so far the pension calculated in accordance with the Sixth Book of Social Code had been divided. Sentence 1 shall apply to the pro rata reimbursement of the additional benefits to be paid to the increase in the amount referred to in the first sentence and the part of the contribution to the sickness and nursing care insurance which is to be borne by the German Pension Fund. (2) In the case of pensions provided for in Article 2 of the Pensions Directive, the amount of the refund shall be the amount of the monthly pension equal to the ratio in which the increases in the periods of membership of a special pension scheme shall be equal to the amount of the pension. all increase in the number of increases. Additional benefits and the share of the contribution to the health and nursing care insurance contributions to be carried out by the German Pension Fund are in the ratio of reimbursable expenses, in which the total amount of the reimbursable expenses is to be reimbursable. Sum of the pension payment amounts. (3) The amount of the refund is also the amount in addition to the pension in the case of benefits under § 307b (4) to (7) of the Sixth Book of Social Code and Section 4 (4) of the Claim and Anwartschaftsüberguidance Act (Article 4 (4)). on the basis of claims arising from a supplementary or special supply system, or Waiting to be paid. The amount paid in addition shall be the amount by which the amount of the amount of the payment determined in accordance with Section 307b (4), second sentence of the Sixth Book of the Social Code, exceeds the pension determined in accordance with Section 307b (1) sentence 3 of the Sixth Book of the Social Code; Also to reimburse expenses resulting from an adjustment of the protected payment amount in accordance with § 307b (5) of the Sixth Book of Social Code. The additional amount paid shall be the amount by which the amount of the property protected exceeds the monthly amount of the pension, but shall be limited to the amount of the transferred benefit from the supplementary or special supply system. Additional benefits and the share of the contribution to the health and care insurance contributions payable by the Deutsche Rentenversicherung Bund are in the ratio of reimbursable expenses, in which the benefit from the supplementary or Special supply system to the amount applicable in accordance with § 307b (4) sentence 2 of the Sixth Book of Social Code. (4) The reimbursement of benefits for participation shall be carried out in a flat-rate procedure. The amount of the refund shall be the amount equal to the expenditure on rehabilitation services in the accession area in the same ratio in which, in the calendar year concerned, the amount of benefits to be reimbursable in accordance with the law on the transfer of benefits under the law governing the transfer of benefits and the Pension contributions to the total pension benefits of the Federal Republic of Germany which are based on the calculation of the federal subsidy. The refund procedure shall be reviewed at a distance of 4 years, for the first time in 2001, in order to check whether data are available, the use of which may be used to determine the amount of the refund more precisely and not substantially more in administrative terms. A total of DM 56 million is to be reimbursed for the years 1992 to 1994. (5) The amount of the refund is the benefit paid by the German Pension Fund for benefits in accordance with § § 9 and 11 of the Claim and Anwartschaftsübergoverning Law in the amount notified by the supplier. Unofficial table of contents

Section 3 Repayment of administrative costs

The Deutsche Rentenversicherung Bund will reimburse the administrative costs required for the implementation of the right to claim and the law on the transfer of rights in the context of a settlement. No later than 28 February after the end of the year for which the refund is claimed, the German Pension Insurance Office shall provide the Federal Insurance Office with the administrative costs necessary for the implementation of the refund. For the determination of personnel costs, the personnel costs of the federal government shall apply accordingly. Unofficial table of contents

§ 4 Collection of expenses

(1) The expenses of the Deutsche Rentenversicherung Bund for benefits under the Eligibility And Eligibility Transfer Act are shown to the Federal Insurance Office monthly and in annual amounts. (2) The Federal Insurance Office is the Federal Insurance Office. Proof of expenses for services from the
-
Supplementary pension schemes under Annex 1 (1) (1) to (22) on the right to claim and the right to transfer to a single sum,
-
Special supply systems according to Appendix 2 Nos. 1, 2, 3 and 4 on the right to claim and to the law transfer law respectively separately, whereby in addition to the pension insurance transferred and paid out by the German Pension Insurance Supply services must be distinguished.
(3) The Deutsche Rentenversicherung Bund shall also notify the Federal Insurance Office for the month of December of one year the number of payment cases for the supplementary pension schemes as set out in Annex 1 (1) to (22) and (No) 23 to 27 to the right of claim). In the case of the special pension schemes pursuant to Annex 2 (1), (2), (3) and (4), the law on the transfer of entitlement to the special supply systems is combined in each case separately, and in addition, according to the Pension insurance transferred and paid out only by the German Pension Insurance Association Supply services must be distinguished. The Federal Insurance Office shall inform the amount of the reimbursement of the administrative expenses, the amount of the compensation and the amount of the refund in respect of benefits for participation in the ratio in which the respective number of the number of transfers carried out by the Federal Insurance Office shall be determined in accordance with Sentence 1 is the sum of these payment cases. Unofficial table of contents

§ 5 advances

The Federal Government shall pay monthly advances in each case on the day of payment of the pension in respect of the annual refund amounts in accordance with sections 2 and 3 of the annual refund. The Federal Insurance Office sets the advance notice. Unofficial table of contents

§ 6 Implementation of the refund procedure and the settlement

(1) The refund procedure shall be carried out for the calendar year. The costs must be taken into account, which are to be attributed to the calendar year. (2) The Federal Insurance Office provides the sum of the monthly advances paid by the Federal Government with respect to the final refund orders and leads them to the the final settlement. Unofficial table of contents

Section 7 Entry into force

This Regulation shall enter into force with effect from 1 January 1992. Unofficial table of contents

Final formula

The Federal Council has agreed.